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Engebretson v. Aitkin County

United States District Court, D. Minnesota

November 19, 2014

Kelly Marie Engebretson, Plaintiff,
v.
Aitkin County, et al., Defendants

Jonathan A. Strauss, Esq., Sapientia Law Group, Minneapolis, MN, on behalf of Plaintiff.

Jamie L. Jonassen, Esq., Jardine Logan & O'Brien PLLP, Lake Elmo, MN, on behalf of Aitkin County, Big Stone County, Dodge County, Isanti County, Kanabec County, Lake County, Otter Tail County, Pine County, Washington County, and Wright County Defendants.

Jon K. Iverson, Esq., Iverson Reuvers Condon, Bloomington, MN, on behalf of City of Biwabik, City of Bloomington, City of Breitung, City of Brooklyn Park, City of Burnsville, City of Cambridge, City of Coon Rapids, Dakota Communications Center, City of Eveleth, City of Floodwood, City of Golden Valley, City of Inver Grove Heights, City of Moorhead, City of Moose Lake, City of Mounds View, City of Oakdale, City of Roseville, City of Sartell, City of St. James, City of Staples, City of Virginia, City of White Bear Lake, and City of Isanti Defendants.

M. Alison Lutterman, Esq, Duluth City Attorney, Duluth, MN, on behalf of Defendant City of Duluth.

Toni Beitz, Esq., Hennepin County Attorney, Minneapolis, MN, on behalf of Defendant Hennepin County.

Darla Boggs, Esq., Minneapolis City Attorney's Office, Minneapolis, MN, on behalf of the Defendant City of Minneapolis.

Kimberly Parker, Esq., Ramsey County Attorney's Office, St. Paul, MN, on behalf of Defendant Ramsey County.

Nick Campanario, Esq., St. Louis County Attorney's Office, Duluth, MN, on behalf of Defendant St. Louis County.

Lawerence Hayes, Esq., Office of the City Attorney, St. Paul, MN, on behalf of Defendant City of St. Paul.

MEMORANDUM OPINION AND ORDER

ANN D. MONTGOMERY, UNITED STATES DISTRICT JUDGE.

I. INTRODUCTION

On September 30, 2014 the undersigned United States District Judge heard oral argument on the above captioned Defendants' Motions to Dismiss and/or to Sever [Docket Nos. 21, 26, 30, 34, 39, 46, 65, 71 and 81]. The motions brought by the following municipalities are granted because Engebretson's claims against them are time-barred by the four-year statute of limitations: Hennepin County [Docket No. 21]; St. Louis County [Docket No. 30]; the City of St. Paul [Docket No. 39]; the City of Duluth [Docket No. 46]; and Ramsey County [Docket No. 81]. For the reasons discussed below, the motions brought by the following municipalities are granted in part and denied in part: the City of Minneapolis [Docket No. 34]; Biwabik County, et al. (" Biwabik County") [Docket No. 65] and Aitkin County, et al. (" Aitkin County") [Docket No. 71]. The Commissioners' Motion to Dismiss is [Docket No. 26] granted.[1]

II. BACKGROUND

Engebretson alleges that more than 40 specific Defendants, 50 unknown entities and 500 John Does unlawfully accessed her personal driver's license information more than 200 times between 2003 and 2012. Am. Compl. [Docket No. 9] ¶ ¶ 1-7. Engebretson worked as a 911 dispatcher for the Pine County Sheriff's Office from 1997-2009. Id. ¶ 60. In 2006, Engebretson was hired as a police officer at North Branch Police Department. Id. ¶ 61-62.[2] In early 2008, Engebretson filed a sexual harassment and retaliation claim against the North Branch Chief of Police. Id. ¶ 65. The Police Chief allegedly told many of his colleagues about Engebretson's claims. Id. ΒΆ 66. Formal charges were mailed to the Police Chief in February 2009. ...


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